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REPUBLIC V. CIRCUIT COURT JUDGE, ACCRA; EX PARTE SAKARA

(1990) JELR 63624 (SC)

Supreme Court  •  9 Jul 1990  •  Ghana

Coram
FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI JSC,OSEI-HWERE JSC,AIKINS J.S.C.

Judgement

AMUA-SEKYI J.S.C.: In Republic v. Circuit Court, Accra; Ex parte Tay, High Court, Accra, 23 August 1989, unreported, the applicant therein invited the High Court presided over by Ammah J. to quash a ruling of her Honour Beatrice Agyeman-Bempah, Circuit Court judge, that she had no jurisdiction to entertain landlord and tenant suits where the recoverable rent was under ¢1,000 per month. The application failed, and Ammah J. confirmed the decision of the judge that the body vested with jurisdiction was the rent and housing committee set up as part of the public tribunal system by the Rent Control Law, 1986 (P.N.D.C.L. 138) as amended by the Rent Control (Amendment) Law, 1986 (P.N.D.C.L. 163). When therefore the present applicant issued his writ claiming rent at the rate of ¢400 per month and asking for recovery of possession and the matter came before her, the learned circuit court judge had no doubt in her mind that she could not entertain the suit. Although it was undefended she declin…

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